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0?.DIN -ONCE NO. 10, 830
AN ORDINANCE j�UTHOR IZING AND DIRECTING THE VLWOR AND
CITY CLERK. TO EXECUTE idiD GRANT �N OPTION TO THE
� 'URKANS 'iS ST 1= HIGHGw`!°zY DEP.iRTMENT TO PURCHASE CERTAIN
PROPERTY LOCATED IN THE CITY OF LITTLE POCK, ARK- `�NSAS;
AND FOR OTHER PURPOSES .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
SECTION 1. The Mayor and City Clerk are hereby authorized
and directed to execute and grant an option to the Arkansas
State Highway Department to purchase certain property located
in the City of Little rock, ,- Arkansas, which option shall be
in foam and words as follows:
PDo -S
()-3-
REAL ESTATE OPTION
Grantor: a{y .t Lithe 2 "k Address
Grantor:
Address:
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
IN-- ODNSIDERATION of the benefits that
and /or to the public the undersigned,
the State of Arkansas, 6y and through the
Commission, upon the terms and conditions
option to buy the following described real
County of luLSki , State of
Tract i,lo.Ads-
Job Nu. 4�
will inure to the grantor_
hereby give and grant to
Arkansas State Highway
hereinafter stated, the
estate, situated in the
Arkansas, to -wit:
reset of LOU 3 end 4s Took 4, stove -eon•s Addition to the
My of Little hook, Atkanoesj,"/wW More particularly
des6ribod as foll000t
St 0? 4 4t th* Mst�Ot gVws of "Id tat t= them* logo lee» tho north lino of esid Lot t a dister4o
of Z.• toot to the point of tholwe continue to�tth
41. 070 test s distame of 7'9, foot s int on the "Vth
lice of said tat 4 theft South tr7w 43 � 11hst a diotanoo of
149.7 foot to a Po on the south line of said Let 4i thaw* Ilorth Sl 07 rest a distant* of 90.47 toot to a poia4 on tho
owth lino of said Lot S i thaws North OZ" 18 lest *U" tho
West right of ±wy lino for the ps�posed Little hook �>xpeo"Way
a dLeteaee of 19Q.1 foot to the PO1;t of and .
taw* 9.640 somm feet.
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The said Commission shall have the irrevocable right to exercise
and close this option at any time within days from date; and
agree to deliver to the said CommissT n a -good warranty deed
conveying good and merchantable title to said real estate, and to
-- -
- furnish and deliver to the said Commission, at its place of business
located in the Right -of -Way Division in the Highway Building, State
Capitol Grounds, Little Rock, Arkansas, an abstract showing good and
merchantable title. It is agreed that if, within the time above
'
specified, the said Commission shall declare its intention to exercise
this option of right to purchase the,said land, the grantor will
deliver the said warranty deed to and receive payment hereunder from
the said Commission at its place of business as hereinabove specified.
Unless stated to the contrary herein the conveyance shall include
buildings, improvements and appurtenances to'the land described. Upon
delivery of said deed and the clearing of title satisfacit2ory to the
a
sai�s on the Grantor
—will be paid the sum of -am
P/ntor
W0 Dollars, ($774300 as ull
payment o the purchase pr ce o said real estate including all damages,
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if any, and all damages, if any, to the remaining land of the grantor
by reason of the taking and use thereof, provided that it is expressly
understood that the said Commission shall not be obligated further
unless stated herein, to -wit:
It is understood and agreed that the warranty deed making the
conveyance of the property described shall contain provisions sub-,
stantially as follows, to -wit:
care1aT.1ce is;; for the purpose ,of, a con., ol.ied
y facflfty and -the Grantor releases and #
�.. _ e t '�* he Grantee all abutter's existing, future
ai'd potential common law or statutory rights. of access
between the main thoroughfare of such highway facility and.
the Grantor's remaining abutting and contiguous land except
that there is reserved and excepted to Grantor_, .
heirs and assigns, the right of direct access,,, as prescribed
and limited by the regulations and policies of the Arkansas
State Highway Commission to any adjacent frontage road if
established and while it may be maintained by proper authority
in front of said land; provided that such policies and re-
gulations shall not prohibit entry onto the frontage road
from the abutting and adjoining lands, however, there'shall
be no right of direct access from such frontage road to and
from the nearest lane of the thruway or main travelled roadway,
but such access shall be only at interchange points as may be
established and maintained by proper authority.
It is expressly intended that these covenants, burdens, and
restrictions shall run with the land and shall forever bind
tho" heirs and assigns."
er agree neither sa M* *Acumber the said real
'the term of this option. In the event that any building
'_.. fixtures, appurtenances, or other things are to pass to and become the
property of the State in connection with the real property herein
covered, agree to keep the same in good condition without waste,
damage orc estruction.
The State shall have the right to enter upon and take possession of
the said property upon the execution and delivery of this option, but
entry upon said premises for the purpose of inspection or survey or any
slight or inadvertent entry without material damage or injury to the
realty, or without the exercise of dominion thereover to the exclusion
of the undersigned, shall not be construed as a final election to close
this option. No statements, expressions of opinion, representations
or agreements of any nature whatsoever, not herein expressly stated,
made by any representative or agent of the State Highway Department
shall be binding on, or of any effect against, the State or the Arkansas
State Highway Commission.
All claims for damage, injury, or loss on account of failure to
close this option are, hereby, expressly waived.
DATED this day of 19
(SEAL)
WITNESSES:
-(SEAL)
NAME
ADDRESS
NAME
ADDP.ESS
-4-
SECTION L. It has been determined that the lack of
adequate streets within the City of Little ock, ;lrkansas,
creates a serious hazard to the flow of trafEic within the
said City; and this ordinance will expedite the construction
of a proposed expressway and thereby reduce the hazard within
the said City; therefore, an emergency is hereby declared to
exist and this ordinance being necessary for the preservation
of public peace, health and safety, shall be in full force
and effect from and after its passage and approval; and all
ordinances and parts of ordinances in conflict herewith are
hereby repealed.
PASSED: August 4, 1958
ATTEST: � APPROVED: /
`' '"ems
City Clerk M or